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ARNSTEIN v. BROADCAST MUSIC

46 F.Supp. 379 (1942)

ARNSTEIN v. BROADCAST MUSIC, Inc., et al.

District Court, S. D. New York.

June 30, 1942.

Attorney(s) appearing for the Case

Ira B. Arnstein, of New York City, in pro per.

Rosenberg, Goldmark & Colin, of New York City (Stuart Sprague and Robert J. Burton, both of New York City, of counsel), for defendant Broadcast Music, Inc.

Julian T. Abeles, of New York City, for Edward B. Marks Music Corporation.

BRIGHT, District Judge.

This is an action brought for the alleged infringement by the defendants of nine songs claimed to have been composed by the plaintiff. The complaint was framed in nine causes of action. The fifth, seventh and eighth causes of action were dismissed upon the trial because plaintiff failed to prove any copyright. Boucicault v. Hart, Fed.Cas.No. 1,692; Cohan v. Richmond, 2 Cir., 86 F.2d 680. The ninth cause of...

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